reconvene regular meeting: 7:00 pm - Irvine Unified School District
reconvene regular meeting: 7:00 pm - Irvine Unified School District
reconvene regular meeting: 7:00 pm - Irvine Unified School District
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Participants are entitled to temporarily borrow up to 75% of funds held in non-general fund accounts but<br />
cannot borrow any funds held in general obligation bond funded accounts.<br />
Covenants of the Participants<br />
SUMMARY OF THE NOTE RESOLUTIONS<br />
In its respective Note Resolution, each Participant has approved and authorized the set-aside of the<br />
Pledged Revenues in the respective Repayment Months and has represented or covenanted, among other<br />
things, the following:<br />
(A) That the Participant has (or will have prior to the issuance of its Note and<br />
Additional Parity Note, if issued) duly, <strong>regular</strong>ly and properly adopted a preliminary budget for<br />
Fiscal Year 2010-11 setting forth expected revenues and expenditures and has complied with all<br />
statutory and regulatory requirements with respect to the adoption of such budget, and the<br />
Participant will duly, <strong>regular</strong>ly, and properly prepare and adopt its final budget for Fiscal Year<br />
2010-11 and comply with all applicable law pertaining to its budget;<br />
(B) That the sum of the principal amount of the Participant’s Note plus the interest<br />
payable thereon, on the date of its issuance, will not exceed 50 percent of the estimated amounts of<br />
such Participant’s then uncollected taxes, income, revenue (including, but not limited to, revenue<br />
from the State and federal governments), cash receipts and other moneys to be received by such<br />
Participant for the general fund of such Participant provided for and attributable to Fiscal Year<br />
2010-11, all of which will be legally available to pay principal of and interest on the Note;<br />
(C) That the Participant, as of the date of adoption of its Note Resolution and on the<br />
date of issuance of its Note and Additional Parity Note, reasonably expects the County to collect at<br />
least 85 percent of the amount described under (B) above for Fiscal Year 2<strong>00</strong>9-10;<br />
(D) That the Participant (i) has not defaulted within the past 20 years, and is not<br />
currently in default, on any debt obligation and (ii) to the best knowledge of such Participant, has<br />
never defaulted on any debt obligation;<br />
(E) That the Participant will not directly or indirectly amend, supplement, repeal or<br />
waive any portion of its Note Resolution in any way that would materially adversely affect the<br />
interests of the Noteholders or Note Participation Owners;<br />
(F) That the Participant and its appropriate officials have duly taken, or will take, all<br />
proceedings necessary to be taken by them, if any, for the levy, receipt, collection and enforcement<br />
of the Pledged Revenues in accordance with law for carrying out the provisions of its Note<br />
Resolution, the Trust Agreement, if any, and its Note;<br />
(G) That except for an Additional Parity Note, if any, pursuant to the Note Resolution,<br />
the Participant will not incur any indebtedness secured by a pledge of its Unrestricted Revenues<br />
unless such pledge is subordinate in all respects to the pledge of Pledged Revenues under its Note<br />
Resolution;<br />
(H) That, as of the date of adoption of its Note Resolution, the Participant does not<br />
have a negative or qualified certification applicable to Fiscal Year 2<strong>00</strong>9-10 within the meaning of<br />
Section 42133 of the Education Code of the State of California;<br />
9<br />
Page 164<br />
22314.4 033985 POS